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Week 12 amendments i x

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Bill of Rights

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Week 12 amendments i x

  1. 1. Bill of Rights: Amendments I - X
  2. 2. Bill of Rights (BOR)When was the Bill of Rights added to the Constitution?
  3. 3. Bill of Rights (BOR)When was the Bill of Rights added to the Constitution? 1791Why?
  4. 4. Bill of Rights (BOR)When was the Bill of Rights added to the Constitution?- 1791 after the ratification of the ConstitutionWhy?- During the ratification debates on the Constitution, many Federalists promised the state conventions that if they ratified the Constitution, the new Congress would immediately develop a Bill of Rights.- As a member of the new House of Representatives, James Madison edited the hundreds of proposed amendments into 12 that were then passed by Congress onto the states, who ratified 10 of them. These first 10 amendments to the Constitution are known as the Bill of Rights (BOR).
  5. 5. BORMadison and Hamilton did not initially believe a BOR was necessary; Why?
  6. 6. BORMadison and Hamilton did not initially believe a BOR was necessary; Why?- As Hamilton said in Federalist No. 84, “ I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?”- What did he mean?
  7. 7. BORMadison and Hamilton did not initially believe a BOR was necessary; Why?- As Hamilton said in Federalist No. 84, “ I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?”- What did he mean? Listing the rights in the BOR might mean that the govt had power over any other natural rights, ie, if a right is not listed, then its not protected.
  8. 8. More on the BORNote: the BOR originally applied only to the national government, not the states.- For example, Connecticut taxed its people to support the state church, the Congregational church, until 1818 and Massachusetts until 1833.- The 14th Amendment and later Supreme Court rulings now require the states to abide by the BOR as well.Civil liberties = ?
  9. 9. More on the BORNote: the BOR originally applied only to the national government, not the states.- For example, Connecticut taxed its people to support the state church, the Congregational church, until 1818 and Massachusetts until 1833.- The 14th Amendment and later Supreme Court rulings now require the states to abide by the BOR as well.Civil liberties = protection from governmental intrusion upon individual freedoms, many of which are in the BORCivil rights = ?
  10. 10. More on the BORNote: the BOR originally applied only to the national government, not the states.- For example, Connecticut taxed its people to support the state church, the Congregational church, until 1818 and Massachusetts until 1833.- The 14th Amendment and later Supreme Court rulings now require the states to abide by the BOR as well.Civil liberties = protection from governmental intrusion upon individual freedoms, many of which are in the BORCivil rights = governmental actions ensuring that liberties are extended to all citizens (e.g.,Civil Rights Act of 1964)
  11. 11. First Amendment“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press or the right of people peaceably to assemble, and to petition the government for a redress of grievances.”What five freedoms does this amendment protect?
  12. 12. First Amendment“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press or the right of people peaceably to assemble, and to petition the government for a redress of grievances.”What five freedoms does this amendment protect?- religion- speech- press- assembly- petition
  13. 13. First Amendment: Freedom of ReligionDid the Europeans have freedom of religion at this point in history?
  14. 14. First Amendment: Freedom of ReligionDid the Europeans have freedom of religion at this point in history?- Usually not; each country had an official state church, and if you were not a member of it or participated in a different church, you were often punished or persecuted.- Examples: Roman Catholics & Pilgrims in England, Hugenots in France, Anabaptists almost everywhereWhat does the establishment clause mean?
  15. 15. First Amendment: Freedom of ReligionDid the Europeans have freedom of religion at this point in history?- Usually not; each country had an official state church, and if you were not a member of it or participated in a different church, you were often punished or persecuted.- Examples: Roman Catholics & Pilgrims in England, Hugenots in France, Anabaptists almost everywhereWhat does the establishment clause mean?- The national government was not to establish or set up or support a church anywhere as many of the states had done. As mentioned earlier, some of the states taxed their people and used this money to support their state church, as was done in Europe.
  16. 16. Freedom of ReligionNote: The national government appoints chaplains to Congress and the military as well as tax exemptions to religious organizations b/c the Founders understood the importance of supporting religion and morality. These actions are not in violation of the establishment clause.Bible reading and prayer was allowed to continue in the public schools as well as release time programs and busing to parochial schools until the 1960s.What happened then?
  17. 17. Establishment ClauseNote: The national government appoints chaplains to Congress and the military as well as tax exemptions to religious organizations b/c the Founders understood the importance of supporting religion and morality. These actions are not in violation of the establishment clause.Bible reading and prayer was allowed to continue in the public schools as well as release time programs and busing to parochial schools until the 1960s.What happened then?- Supreme Court rulings became based on the idea of a “wall of separation” between church & state. This phrase is NOT found in the Constitution but in a brief letter from Thomas Jefferson to a CT church. Now referred to as separation of church and state.
  18. 18. Establishment Clause cont.Court rulings have forbidden these actions in the public schools:- teacher-led prayer- required Bible reading- moment of silence- student-led prayers at football games- religious content in a valedictorians speechYIKES! What do you think? Should these actions be allowed or forbidden in public schools? What are the pros and cons in both cases?
  19. 19. Establishment Clause cont.Lemon Test from Lemon v. Kurtzman 1971 stated that state statutes affecting religion must pass all three parts of this test:1. the state law would need a “secular legislative purpose”2. the law could not either “advance or inhibit religion” and3. the law could not foster an “excessive government entanglement with religion.”Unfortunately, this law has not simplified things. The courts are regularly hearing cases on whether cities can have nativity displays at Christmas or whether schools can let their students sing Christmas carols, etc. A current issue is whether the City of New York can forbid churches from meeting in schools.
  20. 20. Free Exercise clauseWhat does this clause protect?
  21. 21. Free Exercise clauseWhat does this clause protect?- religious beliefs and practices within a wide boundary- not only can an individual believe what he chooses to believe, but he can usually act upon that belief as wellHowever, this freedom is not absolute and can be limited to protect public safety and morality- Mormon practice of polygamy was forbidden- human sacrifice would be forbidden- smoking of illegal drugs (peyote)- provision of health care to children of parents with beliefs against blood transfusions, etc.
  22. 22. Freedom of Speech and the PressWhy is this freedom so important?
  23. 23. Freedom of Speech and the PressWhy is this freedom so important?- It allows criticism of the government and protects unpopular ideas from being suppressed; Has anyone read Animal Farm or 1984 by George Orwell? Or read about what happens in most dictatorships?What are the limitations on this freedom?
  24. 24. Freedom of Speech and the PressWhy is this freedom so important?- It allows criticism of the government and protects unpopular ideas from being suppressed; Has anyone read Animal Farm or 1984 by George Orwell? Or read about what happens in most dictatorships?What are the limitations on this freedom?- speech threatening public safety (falsely yelling Fire!)- sedition or speech intended to overthrow the govt or endanger national security (Must pass the clear and present danger test); See Terminiello v. Chicago on p. 408- speech that disturbs the peace (using amplifiers in public)- speech that defames others whether spoken (slander) or
  25. 25. Freedom of Speech & the PressDefamation = malicious wordsPrivate individuals can still sue for defamation, but public officials and organizations and even celebrities now have little redress in the case of defamation.Govt cannot suppress a story before it is published – New York Times v. United States (Daniel Ellsbergs stolen documents on the Vietnam War) BUT the paper could be prosecuted after the story is publishedObscenity is not protected under First Amendment, but the courts cant agree on a definition. As our cultures standards of decency have degraded, the definition has degraded, too. Note the protections for pornography on the internet.
  26. 26. Freedom of Speech and the PressFalse advertising is not protected in the same manner (tobacco companies), but the decisions are not always predictableSymbolic speech = ?
  27. 27. Freedom of Speech and the PressFalse advertising is not protected in the same manner (tobacco companies), but the decisions are not always predictableSymbolic speech = expression of ideas through actions instead of wordsExamples?
  28. 28. Freedom of Speech and the PressFalse advertising is not protected in the same manner (tobacco companies), but the decisions are not always predictableSymbolic speech = expression of ideas through actions instead of wordsExamples- desecration of the flag (wearing it) or flag burning (Texas v. Johnson 1989)Do you think flag burning should be protected speech? What about T-shirts with messages on them?Note: The Founders originally intended for freedom of political speech, but the courts have expanded this definition to any kind of speech.
  29. 29. Broadcast SpeechBroadcast media such as television and radio are limited by FCC (Federal Communications Commission) regulations, particularly wrt obscenity and decency. Stations that violates these rules may lose their broadcast licenses.What was the FCCs Fairness Doctrine?
  30. 30. Broadcast SpeechBroadcast media such as television and radio are limited by FCC (Federal Communications Commission) regulations, particularly wrt obscenity and decency. Stations that violates these rules may lose their broadcast licenses.What was the FCCs Fairness Doctrine?- In place from 1949-1987, this rule required stations that were broadcasting discussions of public issues to make a reasonable attempt to ensure that both sides of the issue were represented. As the number of cable and satellite outlets increased, the FCC decided that this rule was no longer needed. It had in effect squelched such discussion b/c stations wanted to avoid controversy and possible revocation of their licenses.
  31. 31. Freedoms of Assembly & PetitionWhat is meant by freedom of assembly?
  32. 32. Freedoms of Assembly & PetitionWhat is meant by freedom of assembly?- the freedom to organize into groupsFreedom of petition?
  33. 33. Freedoms of Assembly & PetitionWhat is meant by freedom of assembly?- the freedom to organize into groupsFreedom of petition?- the freedom to write letters and collect signatures or crowds to influence public opinion and policyLimitations?
  34. 34. Freedoms of Assembly & PetitionWhat is meant by freedom of assembly?- the freedom to organize into groupsFreedom of petition?- the freedom to write letters and collect signatures or crowds to influence public opinion and policyLimitations?- Must be done peacefully (riots, trespassing, obstruction of public ways and private businesses, and destruction of property are not allowed)- Local govts can place restrictions on groups to specific times and places or require a permit (Occupy Wall Street?)- property rights are superior (e.g., petitioning in malls)
  35. 35. Civil DisobedienceCivil disobedience = ?
  36. 36. Civil DisobedienceCivil disobedience = active, professed refusal to obey certain laws or demands of a govt, often meant to be nonviolent resistanceIs civil disobedience a legitimate tool of Christians?
  37. 37. Civil DisobedienceCivil disobedience = active, professed refusal to obey certain laws or demands of a govt, often meant to be nonviolent resistanceIs civil disobedience a legitimate tool of Christians?- In general, Christians are commanded to obey their governments (Romans 13:1-7)- However, if the govt is asking you to disobey Gods laws, then you are obligated to disobey: Acts 5:29, Hebrew midwives, Daniel and his friends- Do not whine, however, when such disobedience leads to punishment by the govt. (Operation Rescue)
  38. 38. Freedom of AssociationNot explicitly stated in the Constitution, but inferred by Supreme Court from rights of free speech and petition.The state and national govts cannot interfere in membership requirements of private organizations, such as the Boy Scouts.But to be honest, the decisions are sometimes contradictory. Virginia Military Institute was forced to admit women, but all-female colleges are still allowed to exist. Boy Scouts can forbid homosexuals from being scout masters, but landlords cannot deny homosexuals housing just because of their sexual orientation. All very confusing and disturbing.
  39. 39. Second Amendment: Right to Bear Arms“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”What does this mean to you?
  40. 40. Second Amendment: Right to Bear Arms“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”What does this mean to you?- the people have a right to keep and use weapons and this right should not be infringed- the reason for this is that the security of the state depends on having a well-regulated militia, and an armed populace was the basis of the militia (citizen-soldiers)- supports the right to self-defense
  41. 41. Right to Bear ArmsJefferson: “No free men shall ever be debarred the use of arms.”If only the govt has guns, then how can it be opposed?History in USA: No standing army for a long time, so the state and local militias were responsible to defend the country. Each man had his own gun and engaged in military training periodically.Switzerlands militiaIsrael, ancient & modern
  42. 42. Gun RegulationsWho is not allowed to purchase a gun?
  43. 43. Gun RegulationsWho is not allowed to purchase a gun?- convicted felons, illegal drug users, illegal aliens, those under a restraining order to prevent domestic abuseWhat check is required for all gun purchases?
  44. 44. Gun RegulationsWho is not allowed to purchase a gun?- convicted felons, illegal drug users, illegal aliens, those under a restraining order to prevent domestic abuseWhat check is required for all gun purchases?- a criminal background checkOther regulations vary from state to state & often include limits on the types of guns that can be purchased (no fully automated guns) Does anyone own a gun or know the Colorado restrictions? What is concealed carry? Open carry?What regulations (if any) do you think there should be on gun ownership?
  45. 45. Third Amendment: No Quartering of Troops“No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.”Why is this in the BOR?
  46. 46. Third Amendment: No Quartering of Troops“No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.”Why is this in the BOR?- b/c the British housed their troops in private homes even through there wasnt a war going on. The colonists didnt have any choice about this.Exceptions?
  47. 47. Third Amendment: No Forced Quartering of Troops“No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.”Why is this in the BOR?- b/c the British housed their troops in private homes even through there wasnt a war going on. The colonists didnt have any choice about this.Exceptions?- If the owner of the house gives permission- If during wartime with regulations put in place by law (Congress)Not likely today with military bases all around the country
  48. 48. Fourth Amendment: NoUnreasonable Searches & Seizures“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”What natural right is being protected here?
  49. 49. Fourth Amendment: NoUnreasonable Searches & Seizures“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”What natural right is being protected here?- the right of privacyHow?
  50. 50. Fourth Amendment: NoUnreasonable Searches & Seizures“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”What natural right is being protected here?- the right of privacyHow? It limits the way law enforcement agents can search a person & their property & possessionsWhat are the limits on searches?
  51. 51. Limits on SearchesMust be reasonableSearch warrants must have a probable cause that a crime has or will take place & evidence will therefore be foundThe warrant must be issued by a judge or magistrateThe warrant must state who or what is being sought at what particular placeNote: If a search is not done legally, the evidence gained during the search may not be able to be used in court; depends on whether the officer in question is deemed to have been acting reasonably and in good faith.
  52. 52. No Search Warrant Needed:- when an arrest is made- vehicle searches when contraband is suspected- when a criminal is being pursued- when evidence is in danger of being destroyed- when owner of a building gives his consent to the search, although police should not try to gain consent by force or intimidation (Loudermilk case)- if the property is abandoned (trash)Legal searches include mandatory drug testing, administrative searches in schools & workplaces
  53. 53. Fourth Amendment ControversiesWhat are your thoughts on these?- Mandatory drug testing- Searches of vehicles- Airport security checks, especially scanning devices- electronic eavesdropping such as wiretaps and bugs in national security case- seizures of raw milk, Gibson guitars, vitamins, ones property in IRS cases, etc.Note: Be careful if asked to be searched by a law officer. If you give your consent, then they are legal, so be sure youre OK with that. Otherwise, ask if he has a warrant.
  54. 54. Fifth Amendment: Rights of the Accused“No person shall be held for a capital or other infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”The presumption in American law is that the accused is presumed innocent until proven guilty in a court of law. Amendments V – VIII codify this presumption.
  55. 55. Fifth Amendment: Grand JuryIndictment by a grand jury is necessary to hold a person accused of a capital (death penalty) or infamous (serious) crime- thus, enough evidence has to be collected to lead the grand jury to formally charge the accused, who then goes on to a jury trialExceptions?
  56. 56. Fifth Amendment: Grand JuryIndictment by a grand jury is necessary to hold a person accused of a capital (death penalty) or infamous (serious) crime- thus, enough evidence has to be collected to lead the grand jury to formally charge the accused, who then goes on to a jury trialExceptions?- military cases, which have their own court systemDouble Jeopardy is forbidden. What is it?
  57. 57. Fifth Amendment: Double JeopardyIndictment by a grand jury is necessary to hold a person accused of a capital (death penalty) or infamous (serious) crime- thus, enough evidence has to be collected to lead the grand jury to formally charge the accused, who then goes on to a jury trialExceptions?- military cases, which have their own court systemDouble Jeopardy is forbidden. What is it?- being tried for the same offense in the same court; if a person is found not guilty, they cannot be tried there again.
  58. 58. Fifth Amendment: Self-IncriminationThe right not to be forced to testify against oneself, known as self-incrimination and as “pleading the fifth.”What is the Miranda warning?
  59. 59. Fifth Amendment: Self-IncriminationThe right not to be forced to testify against oneself, known as self-incrimination and as “pleading the fifth.”What is the Miranda warning?- a list of statements that an officer must recite to the accused prior to questioning: 1. You have the right to remain silent 2. What you say can be used against you in court 3. You have a right to an attorney 4. You may end police questioning at any time.Do you think this is a good procedure or overkill?
  60. 60. Fifth Amendment: Right to Due ProcessThe right to due process of law before being deprived of life, liberty, or property.- What does due process mean?
  61. 61. Fifth Amendment: Right to Due ProcessThe right to due process of law before being deprived of life, liberty, or property.- What does due process mean? providing essential fairness by using the same legal process for everyone- Essentially, this ensures the accused has the right to a fair and proper trial- Everyone is to be treated the same, whether a repeat offender or the richest person in town
  62. 62. Fifth Amendment: Eminent domainEminent Domain is forbidden without proper compensationEminent domain = ?
  63. 63. Fifth Amendment: Eminent domainEminent Domain is forbidden without proper compensationEminent domain = the power of the government to take private propertyUnder what conditions is eminent domain allowed?
  64. 64. Fifth Amendment: Eminent domainEminent Domain is forbidden without proper compensationEminent domain = the power of the government to take private propertyUnder what conditions is eminent domain allowed?- must be taken for public use such as roads, railroads, public utilities or safety (Centralia, PA)- owner must be paid a fair market price for the property takenControversy: Kelo, et al. v. the City of New London – in this case property taken was not for a typical public use but for the purpose of economic development (to create jobs & increase tax revenues) – a BAD precedent; why?
  65. 65. Fire Underneath Centralia, PA
  66. 66. Centralia
  67. 67. The Cracks of Hell?
  68. 68. Centralia, PA
  69. 69. Sixth Amendment: Rights of the Accused in Criminal Trials“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for this defense.”History: Some people in England were held in jail for years without a trial, hoping for a confession.
  70. 70. Sixth Amendment: Speedy & Public TrialWhy public?
  71. 71. Sixth Amendment: Speedy & Public TrialWhy public?- makes it more likely that the trial will be fairWhy speedy?
  72. 72. Sixth Amendment: A Fair TrialWhy public?- makes it more likely that the trial will be fairWhy speedy?- to avoid the injustice of holding people in prison for years without a trialTrial by an impartial jury; lawyers for the defense & prosecution are very involved in the jury selection process to make sure members of the jury are unbiased. (unanimous verdict required for conviction)Trial to be held in the state & district in which the crime happened; Why?
  73. 73. Sixth Amendment: A Fair TrialWhy public?- makes it more likely that the trial will be fairWhy speedy?- to avoid the injustice of holding people in prison for years without a trialTrial by an impartial jury; lawyers for the defense & prosecution are very involved in the jury selection process to make sure members of the jury are unbiased. (unanimous verdict required for conviction)Trial to be held in the state & district in which the crime happened; Why? The defendants family can be close by & each side is given an equal chance in the trial process
  74. 74. Sixth Amendment: Rights of the AccusedThe right to know what crime is charged against himThe right to cross-examine court witnesses who testify against the defendantThe right to compel (by subpoena) witnesses to appear in court who might testify on the behalf of the defendant.The right to representation by an attorney; if defendant cant afford it, the govt has to pay for this- These lawyers are appointed by the court and are called public defenders.
  75. 75. Seventh Amendment: Rights of Citizens in Civil Trials“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re- examined in any court of the United States than according to the rules of the common law.”Very simply, if the value being contested in a case exceeds twenty dollars, either party in the lawsuit has the right to ask for a trial by jury.Civil trial = ?
  76. 76. Seventh Amendment: Rights of Citiznes in Civil Trials“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re- examined in any court of the United States than according to the rules of the common law.”Very simply, if the value being contested in a federal court case exceeds twenty dollars, either party in the lawsuit has the right to ask for a trial by jury.Civil trial = involve disputes between citizens, individuals or groups such as:- land ownership, breaches of contract, negligence, etc.In contrast, criminal trials are between the state and the accused
  77. 77. Seventh Amendment: Right to avoid re-trialOnce tried by a jury, a case cannot be reheard in another court nor the verdict thrown out by a judge unless:1. improper court procedures were followed (mistrial)2. the jurys verdict was unreasonable given the evidence & testimony provided.
  78. 78. Eighth Amendment: No Cruel and Unusual Punishment“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”What is bail?
  79. 79. Eighth Amendment: No Cruel and Unusual Punishment“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”What is bail? The amount of money the accused must pay in order to be set free from jail until the time of the trial. Bail can be posted by paying the set fee or by paying a fee for a surety bond from a bondsman who promises to pay the amount if the accused does not appear in court.However, high bails can be set if the judge believes the accused will run away or be a threat to the public safety.Also, excessive fines are not to be imposed. The punishment must fit the crime. Such fees should not be seen as a revenue stream.
  80. 80. Eighth Amendment: No Cruel and Unusual PunishmentWhat are examples of cruel and unusual punishment?
  81. 81. Eighth Amendment: No Cruel and Unusual PunishmentWhat are examples of cruel and unusual punishment?- whipping, hanging by the heels, branding, stocks, mutilation, and tortureIs capital punishment (death penalty) cruel and unusual?
  82. 82. Eighth Amendment: No Cruel and Unusual PunishmentWhat are examples of cruel and unusual punishment?- whipping, hanging by the heels, branding, stocks, mutilation, and tortureIs capital punishment (death penalty) cruel and unusual?- The Fifth Amendment implies that there are some cases in which the govt may deprive one of life, so it does not appear that the death penalty is forbidden hereWho decides what is acceptable over time? Should our standards change as the opinions of the majority in society change? Are there certain crimes that are so despicable that they must require the death penalty, or are morals changeable?
  83. 83. Capital PunishmentWhat does the Bible say?
  84. 84. Capital PunishmentWhat does the Bible say?- See Gen. 9:6, the Mosaic law, John 8:7, and Romans 13: 3-4Supreme Court struck down all state laws requiring capital punishment, but the pendulum has swung back in the last couple of decades. Capital punishment is still allowed in some specific cases; however, most convicted murderers are not executed and spend years on death row appealing their cases.
  85. 85. Ninth Amendment: Unspecified Rights of the People“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”What does this mean?
  86. 86. Ninth Amendment: Unspecified Rights of the People“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”What does this mean?Even though a right may not be listed in the Constitution does not mean it does not exist:- the right to move- the right to choose ones occupation- the right to eat the food of our choice :^)- the right to refuse to buy health insurance :^(This amendment was inserted to address Alexander Hamiltons concerns about the BOR. Unfortunately, this amendment seems to have been ignored by the courts.
  87. 87. Tenth Amendment: Powers Reserved to the States and to the People“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”What does this mean?
  88. 88. Tenth Amendment: Powers Reserved to the States and to the People“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”What does this mean?- the Federal govt can only do what it has been given the authority to do in the Constitution; the states and the people can do whatever has not be denied to them by the Constitution.This amendment is also ignored today. Although there are implied powers that the Federal govt has had to use in order to exercise its enumerated powers, it seems that the Federal govt has taken more & more power from the
  89. 89. Tenth Amendment: Examples of Abuse?MedicareSubsidies to the arts, agriculture, business, science, etc.Social Security?Dept. of Education"I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." [10th Amendment] To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition." --Thomas Jefferson: National Bank Opinion, 1791
  90. 90. More Tenth Amendment Quotes"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious." - Thomas Jefferson
  91. 91. More Tenth Amendment Quotes"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious." - Thomas Jefferson"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." - Thomas Jefferson
  92. 92. More Tenth Amendment Quotes"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious." - Thomas Jefferson"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." - Thomas Jefferson"The Constitution and the Bill of Rights limit the government, not the people. But liberalism limits the people, favors government, grows and expands it." - Rush Limbaugh
  93. 93. More Tenth Amendment Quotes"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious." - Thomas Jefferson"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." - Thomas Jefferson"The Constitution and the Bill of Rights limit the government, not the people. But liberalism limits the people, favors government, grows and expands it." - Rush Limbaugh"Giving money and power to the government is like giving car keys and whiskey to teenage boys." - P. J. ORourke

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